State v. Juan G. Gracia, 2013 WI 15; affirming unpublished court of appeals decision; case activity Warrantless Entry – “community caretaker” exception Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine because the police had an objectively reasonable basis to believe Gracia… Read more
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State v. Wyatt D. Henning, 2013 WI App 15; case activity The crime of attempted possession of a firearm by a felon is recognized in Wisconsin, distinguishing State v. Briggs, 218 Wis. 2d 61, 579 N.W.2d 783 (Ct. App. 1998): ¶14 Turning to the particular language of the felon in possession of a firearm statute, and… Read more
State v. Brian Avery, 2013 WI 13 (Wis. S. Ct. 1/30/13), reversing 2011 WI App 148; case activity The supreme court affirms the trial court’s denial of Brian Avery’s Wis. Stat. § 974.06 motion for a new trial based on newly discovered evidence, concluding there isn’t a reasonable probability a jury would have a reasonable… Read more
State v. Jacob Turner, 2013 WI App 23; case activity Addressing an unusual set of facts, the court of appeals holds Turner’s constitutional rights to an impartial jury and due process were not violated by the seating of a juror who had not been summoned for service and who did not disclose that to the… Read more
State v. Verhagen, State v. Nickles, State v. Van Asten, and State v. Bell, 2013 WI App 16; consolidated court of appeals decision; case activity: Verhagen; Nickles; Van Asten; and Bell OWI – Use of first offense to enhance penalty In a prosecution for a second or subsequent OWI offense, New Jersey v. Apprendi, 530 U.S. 466 (2000)… Read more
State v. Jeremiah J. Purtell, 2012AP1307-CR, District 2, 3/7/13 (not recommended for publication); petition for review granted 11/20/13. Case activity. This case concerns a probation agent’s search of the defendant’s computers. Following a conviction for 2 counts of animal cruelty, a court placed the defendant on probation and imposed a condition that he not own… Read more
State v. Tavoris A. Murphy, Sr., 2012AP505-CR, District 4, 2/28/13; court of appeals decision (not recommended for publication); case activity Murphy argues the circuit court erred when it found good cause for the state’s late disclosure of a letter written by the defendant and ruled the letter would be admissible as rebuttal evidence. (¶¶1, 20… Read more
Village of Spring Green v. Michael D. Deignan, 2012AP1303, District 4, 2/28/13; court of appeals decision (1-judge, ineligible for publication); case activity The court of appeals rejects the claim that § 175.40(6), which authorizes an officer to arrest or provide aid or assistance anywhere in the state under written inter-agency agreements, should govern the lawfulness… Read more
